Asylum claim law firms in a spot

27 July 2023

Prime Minister vows immediate action needed to restore public confidence, calls unscrupulous practice truly shocking…reports Asian Lite News

The solicitors’ watchdog in England and Wales has confirmed it is investigating law firms accused of helping clients make false asylum claims.

It comes after a Daily Mail reporter, posing as an economic migrant, asked law firms for help applying for asylum. Two companies allegedly agreed to help devise fictional backstories aimed at increasing the success of a claim.

Justice Secretary Alex Chalk has urged the regulator to use the “full force of sanctions” at its disposal. In an unusual step, Rishi Sunak and Lord Chancellor Alex Chalk said the ‘appalling’ conduct uncovered by this newspaper must be met with the ‘full force of sanctions’.

In a letter to the Solicitors Regulation Authority (SRA) Chalk said the practices exposed were ‘unacceptable and must stop’. He called on the watchdog to conduct an urgent review of the sector to root out corrupt behaviour.

The move was echoed by the Prime Minister, who said immediate action was needed to restore public confidence. Sunak said: “While the vast majority of lawyers take their professional responsibilities seriously, these allegations of exploitation and unscrupulous practice brought to light by the Mail are truly shocking and it is vital that those found to be abusing their position face the full consequences of their actions. I am determined to rebuild the public’s confidence that it is their country and their government who should decide who comes here, not people looking to profit from undermining our laws. That’s why this Government will continue to strain every sinew to end the abuse of our system and stop the boats.”

The interventions followed this newspaper’s damning investigation into the activities of unscrupulous lawyers charging thousands of pounds to submit false asylum claims for illegal immigrants.

Some law firms are charging up to £10,000 to invent stories of torture, death threats and modern slavery designed to help clients claim asylum. The investigation found legal staff readily agreeing to help submit false claims, in apparent contravention of the solicitors’ code of conduct.

The Mail has handed over its evidence to the SRA, which is looking into the allegations. The independent watchdog said it would take action if it found evidence that solicitors or firms have acted in ways that contravene its rules and their duty to act legally and uphold the law.

In his letter to SRA chairman Anna Bradley, Chalk said ‘robust’ action was needed to retain public confidence in the immigration system, which he said was a ‘top priority for Government’.

He said he was ‘appalled’ by the ‘apparent abuse of the system by individuals relied upon to give legal advice’.

“I would strongly encourage you to use the full force of sanctions available to you against solicitors where there is a finding of a breach,” he said.

“It is vital that we show the public – and the majority of honest and professional solicitors – that this kind of abuse of the system will not be tolerated and will be dealt with robustly.”

Chalk said solicitors were ‘critical to the operation of a fair and robust immigration system’. But he added: ‘Any examples of practices which fall short of the high ethical standards we expect of solicitors risk serious disruption to the immigration system, tarnishing the reputation of those working in this area, and critically undermining public confidence.’

The SRA has the power to levy substantial fines and even shut down law firms with immediate effect. Crucially, it can also refer rogue lawyers to the Solicitors Disciplinary Tribunal, which can levy unlimited fines and strike off solicitors, leaving them unable to practise.

However, a loophole in the law means that while migrants can face criminal sanctions for submitting false claims, it is much harder to prosecute their lawyers.

Chalk urged the SRA to reopen a review of the immigration law sector, which previously raised concerns but found that ‘overall, we were satisfied with the quality of service being provided’.

Chalk said the investigation ‘suggests that there are still firms operating that are not compliant’, adding: “As I’m sure you will agree, this is unacceptable and must stop.”

Writing to the Solicitors Regulation Authority, Mr Chalk said: “Solicitors are critical to the operation of a fair immigration system. I know that the overwhelming majority take their professional duties and obligations extremely seriously.

“However, any examples of practices which fall short of the high ethical standards we expect of solicitors risk serious disruption to the immigration system, tarnishing the reputation of those working in this area, and critically undermining public confidence.”

A spokesperson for the regulator said: “We can confirm we are investigating the firms/individuals. As a result of the information provided, we are looking to take urgent action to make sure the public are protected.

“If we find evidence that solicitors or firms we regulate have acted in ways that contravene our rules, and in particular their duty to act legally and uphold the law, we can and will take action.”

Last November, the regulator carried out a review of the immigration and asylum sector which concluded it was generally “satisfied with the quality of service being provided”.

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